Driving Offences

Kings Cross Barristers is able to provide legal advice and representation on a range of driving offence charges. The charges range in severity and consequence from receiving points on a driving license to custodial sentences. Driving offences remain the most common of all charges in magistrate’s courts in the UK and effect people of all backgrounds. Statistics reveal that legal representations can dramatically increase your chances of successfully defending a charge or mitigating the severity of a sentence. Our Driving Offence lawyers can provide a range of legal services ranging from providing legal advice, corresponding with the CPS or advocating on your behalf before a Magistrates Court. The range of Driving Offences which we specialise in includes:

There are a range of scenarios in which an individual may be charged with careless or dangerous driving. For example, going through a red light, undertaking, driving aggressively or other inappropriate road behaviour could result in a conviction resulting in disqualification from driving. Having an expert lawyer represent you in court can dramatically increase your chances of successfully defending a charge by strong cross examination and closing arguments.

It is a criminal offence to drive or be in charge of a vehicle if you are over the legal alcohol limit or under the influence of alcohol. A refusal to provide a breath, blood or urine sample when required by a police officer is also a separate offence. If found guilty of drink driving you could face a driving ban of 12 months or more. Kings Cross Barristers can assist in providing representation in ensuring that your case is put forward and properly defended in court.

Driving without an appropriate license can lead to prosecution and the imposition of penalty points, the payment of a fine or disqualification from driving. However, there are circumstances in which a charge is made incorrectly and can be successfully defended. Our driving offence barrister can advise on you how to proceed and provide representation in court if you have been wrongfully charged.

Driving while disqualified by order of court is a strict liability offence which can lead to serious consequences including imprisonment. However, if you were not driving the vehicle but instead a passenger of the vehicle it may be possible to successfully defend against such a charge. Such a defence will often require strong cross examination of a police officer. Our driving offence barrister has expertise in cross examination and can assist you in defencing such a charge.

Driving without appropriate insurance is also a strict liability offence which can carry a penalty of points your license, a fine and disqualification from driving. There are different types of insurance that are applicable to vehicles that are appropriate for using a vehicle for a business or social, domestic and pleasure. Often, the issue of whether or not an individual was driving without appropriate insurance will depend on the reason for which a vehicle was being used. A court hearing will often involve examination and cross examination to establish the purpose of the vehicle’s use.

Being under the influence of drugs, whether legal or illegal, or being in charge of a vehicle while over the specified limit for certain drugs is a chargeable offence which can lead to a disqualification. If you are over the specified limit, it will not matter whether you feel fit to drive. The police will often use devices to defence whether or not you are over the specified limit at the roadside upon being pulled over. A successful defence will often involve challenging the forensic detail of the tests conducted by the police which will require expert knowledge of the criteria for adducing and relying upon forensic evidence. IF you are facing a charge for drug driving, Kings Cross Barristers can provide you with legal representation to help ensure that you receive a fair hearing and increase your chances of a successful acquittal.

IF you are the Registered Keeper of a vehicle, and the vehicle is caught by an automated speed camera or traffic signal, a Section 172 notice will be sent to your address requiring you to name the driver who was in charge of the vehicle at the time of the incident. A failure to respond to this notice its own separate offence which can incur 6 penalty points your driving licence and lead to disqualification. Having a legal representative to advocate on your behalf in court can radically improve your chances of successfully defending against such a charge.

It is a chargeable offence to be in operation of a mobile phone whilst driving which including making or receiving a phone call, text message, email or using the mobile phone for any other purpose. If you a supervising a learning driver and using a mobile phone you can also face prosecution. The consequence of using a mobile phone is 6 penalty points on your license and a fine, which could lead to you being disqualified from driving. Defending against such charges will often involve cross examination regarding whether or not you were indeed in operation a mobile phone. Having an expert barrister can radically improve your chances of defending against a charge and being acquitted.

If the points on your license add up to 12 points, you will face disqualification from driving by totting up. If you have had penalty points for motoring offences in the last three years, and are facing another Fixed Penalty or Summons which will take you to the twelve point limit, you’re at risk of losing your driving licence under the totting up rules. If you can demonstrate that losing your driving license would lead to exceptional hardship it may be possible to avoid disqualification. However, proving exceptional hardship is not simple. Kings Cross Barristers will be able to assist you in court in demonstrating that there would be exceptional hardship if you were disqualified from driving and successfully advocate on your behalf in court.

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Our Barristers

Ousman Noor

Barrister

Barrister

Honourable Society of Lincoln's Inn: 2010

Ousman completed his undergraduate LLB/Law degree from the University of London and postgraduate MSc from the University of Oxfordbefore completing the Bar Vocational Course and being called to the bar at Lincoln’s Inn in July 2010.

Ousman is also Senior Teaching Fellow in the Faculty of Law at SOAS: University of London, where he provides Clinical Legal Education to university students studying law.

He completed pupillage at Garden Court Chambers in October 2011, one of the UK’s leading sets for human rights and civil liberties. He has always had a strong passion for protecting the rights of individuals and worked at the Capital Post Conviction Project, Louisiana, USA defending those awaiting capital punishment on death-row and with Reprieve, an international human rights organisation, on challenging the death penalty in Pakistan. Ousman was Director and Founder of the Habeas Corpus Project and provided pro-bono legal representation to over 250 individuals across the UK, successfully challenging cases of unlawful detention. In 2016, he received an award from the Public Interest Lawyers Network at a ceremony in Rome, Italy for his contribution to pro-bono work in Europe.

Ousman is experienced in a wide range of legal areas and has represented clients in Tribunals, County Courts, Magistrates Courts, Crown Courts, the High Court and Court of Appeal in cases involving Family Law, Property Law, Civil Law and Driving Offences. Due to his extensive experience in different areas of law Ousman has gained a strong confidence in taking on complex cases and finding solutions where others would not. Ousman retains a humble approach to his work and treats every case with the respect it deserves. He endeavours to provide expert professional service to each of his clients at transparent and affordable rates.

Shereen Akhtar

Barrister

Shereen regularly undertakes work in all areas of Law. She has a particular interest in matters involving human rights arguments, immigration disputes and housing, property and planning matters.

Shereen completed her undergraduate BA (Hons) degree in Law from the University of Cambridgeand postgraduate Master degree in Private and International Law from the University of Paris II (Panthéon-Assas). She also holds a Licence in French Law and has a working knowledge of French.

She completed the Bar Professional Training Course and was called to the Bar at the Honourable Society of the Inner Temple in March 2015.

She completed pupillage in September 2016 at leading public and commercial law set, 39 Essex Street Chambers, assisting the following supervisors: Kate Grange QC on high profile public law litigation; Karim Ghaly QC on high value, complex commercial matters ; Andrew Tabachnik QC on employment, property and planning matters; and Emily Formby on personal injury cases.

She began her tenancy at Arden Chambers, where she specialised in housing and anti-social behaviour disputes. She was seconded to Birmingham City Council as an in-house legal consultant within the Community Safety (anti-social behaviour) and Housing Disrepair teams. In that role, Shereen advised and represented the local authority in matters at first instance and on appeal before the County Court, Youth Court and Valuation Tribunal.

She is also a Senior Fellow with Humanity In Action, having completed a multidisciplinary training course on human rights and equality matters. Shereen has also spent time working with senior lawyers at the Center for Equal Justice in New Orleans, Louisiana, assisting with death penalty defence work, and at Lambda Legal in New York City, New York, assisting with seminal cases advancing the civil rights of LGBTQ+ persons and persons living with HIV. Her particular focus was on juvenile justice. Shereen was also a Criminal Justice Policy intern with JUSTICE.